HomeMy WebLinkAboutMIN 1995 0301 CC REGMINUTES OF THE CITY COUNCIL MEETING
Moorpark, California March 1, 1995
A Regular Meeting of the City Council of the City of Moorpark was
held on March 1, 1995 in the Community Center of said city
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Wozniak.
3. ROLL CALL:
Present: Councilmembers Montgomery, Perez, Wozniak and
Mayor Lawrason
Absent: Councilmember Hunter is absent because he was
attending the memorial service of a close
friend.
Staff
Present: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Cheryl Kane, City
Attorney; Lieutenant Marty Rouse, Sheriff's
Department; Charles Abbott, City Engineer;
Jim Aguilera, Director of Community
Development; Ken Gilbert, Director of Public
Works; Deborah Traffenstedt, Senior Planner;
Dirk Lovett; Assistant City Engineer; Jim
McDonald, Building Inspector; Don Reynolds,
Administrative Services Manager; Jill Rubin
Myers, Solid Waste Coordinator; Lillian Hare,
City Clerk; Dorothy Vandaveer, Deputy City
Clerk
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Recognition of Sergeant Keith Parks, Ventura County
Sheriff's Department.
Mayor Lawrason presented a Certificate of Recognition
to Sergeant Keith Parks for his service while assigned
to the City.
B. Recognition of newly assigned Ventura County Sheriff's
Department personnel Senior Deputy Jeff Hill, and
Deputy Robert Fleming.
Mayor Lawrason introduced Senior Deputy Jeff Hill and
Deputy Robert Fleming.
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Moorpark, California Page 2 March 1, 1995
5.
C. Awards of Appreciation for Community Volunteers -
Monroe Everett, Richard Brecunier, David Stafford,
Annabelle Sessler
Mayor Lawrason indicated this item would be carried
over to a future City Council meeting.
REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: By consensus, the
the agenda to hear Item 11.J.
Action /Discussion items.
6. PUBLIC COMMENT:
Council determined to reorder
first under the
Don Wokal, P. 0. Box 352, Fillmore, addressed the Council
regarding his building at 169 -173 High Street. He indicated
that his building had been damaged in the earthquake and
said he was having difficulty getting his building
retrofitted. He said he wants to replace the back wall and
retrofit the building, but he did not believe he was being
treated fairly by the City and the Building and Safety
Department.
In response to Council question, Mr. Abbott indicated that
Mr. Wokal had been sent a letter from the City stating that
the building must be brought up to earthquake standards. He
said the building is dangerous and must be retrofitted and
that the City may have to go forward with condemnation if
the repairs are not made.
In response to Council question, Mr. Lovett indicated that
to bring the building up to current code, Mr. Wokal's
engineer said that a masonry wall is needed.
Mr. Abbott said if the cost of the retrofit is over 50% of
the cost of the building then the entire building has to be
brought up to standard.
Jim McDonald indicated that the east wall of the building is
out of plumb more than can be considered safe. He said the
adobe could not withstand a future earthquake. He said the
process relative to the notice to abate is that after
issuance, 45 days are allowed during which time plans may be
submitted and a deadline for completion set. He said the
decision can be appealed.
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Moorpark, California Page 3 March 1, 1995
Mr. Aguilera indicated that provision for an appeals board
has been established by the adoption of the Uniform Building
Code but that the City needs to take action to appoint
members.
Councilmember Montgomery indicated that appointment of
members to the appeals board should be agendized for the
March 15 meeting if there is no resolution of this matter.
Tony Bellasalma, 11823 Maplecrest Street, reported on the
recent meeting of the Area Housing Authority held on
February 22, 1995. He also reported on the Area Agency on
Aging to which he served as an alternate. He said the
Agency has received half a million dollars in earthquake
funds. He said if there has been damage to senior
residences that FEMA has not covered, seniors should contact
the Senior Center at 529 -6864, extension 261 for additional
information.
Chris Frangos, 13145 Thomasville Court, requested that Item
11.E. be moved up on the agenda schedule. He requested that
it become item two of the Action /Discussion items.
CONSENSUS: By consensus, the Council determined to reorder
the agenda to hear item 11.E. prior to 11.D.
7. COMMITTEE REPORTS:
None.
8. CONSENT CALENDAR:
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the Consent Calendar.
The motion carried by roll call vote 4 -0, Councilmember
Hunter absent for the vote.
A. Consider Minutes of the Special Meeting of the City
Council of February 1, 1995.
Consider Minutes of the Special Town Hall Meeting of
January 28, 1995.
Staff Recommendation: Approve the minutes as
processed.
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Moorpark, California Page 4 March 1, 1995
B. Consider Approval of Warrant Reaister.
Manual Warrants 25466 -25472 $ 71,796.54
Voided Warrants 25272,
25350 & 25401 $ (159.72)
Regular Warrants 25473 -25587 $445,672.61
Staff Recommendation: Approve the Warrant Register.
C. Consider Resolution No. 95 -1104 for Approval of an
Application for SB 821 Bicycle /Pedestrian Funds for FY
1995J96. Staff Recommendation: Adopt Resolution No.
95- approving an application for SB 821 funds for FY
1995/96 for the construction of sidewalks on Esther
Avenue and Sherman Avenue.
D. Consider Acceptance of Temporary Inaress /Earess and
Construction Easement for Future Construction of New
Los Angeles Avenue Adjacent to G &S Property (Mail
Marketing). Staff Recommendation: Accept the
temporary ingress/ egress and construction easement.
E. Consider Amendment of Hidden Creek Ranch Partners
(HCRP) Agreement and Professional Services Agreement
with Michael Brandman Associates (MBA) Pertaining to
Preparation of an Environmental Impact Report (EIR) to
Revise the Total Cost and to Establish the Time Period
for an EIR Certification Decision for the Specific Plan
No. 8 Project. Staff Recommendation: Authorize the
City Manager to approve the final language and sign the
Third Addendum for the Agreement for Preparation of an
Environmental Impact Report and Provision of Related
Services for Specific Plan No. 8 Project and related
entitlements as requested by Hidden Creek Ranch
Partners L.P. (HCRP), and the Second Addendum to the
Professional Services Agreement with Michael Brandman
Associates (MBA) and Scope of Work for Preparation of
an Environmental Impact Report and Provision of Related
Services for Specific Plan No. S.
a
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Moorpark, California Page 5 March 1, 1995
9. PUBLIC HEARINGS:
A. Consider Ordinance No. Revising Ordinance No. 189
(Zoning Ordinance) Regarding Garage Conversions which
Occurred Prior to City Incorporation. Staff
Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2)
Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State
CEQA Guidelines Section 15061(b)(3); and, 3) Introduce
the Ordinance for first reading.
Mr. Aguilera gave the staff report. He indicated that
the City Attorney recommended that any agreement with a
property owner relative to this matter should be
recorded.
Mayor Lawrason opened the public hearing.
The City Clerk indicated that this was a properly
noticed public hearing and the affidavit of publication
of the public hearing notice was on file in her office.
She further indicated there were no speaker cards for
this item.
Mayor Lawrason closed the public hearing.
Councilmember Perez indicated his concern with the
portion of the draft ordinance which says a cloud on
the title would be recorded against the property.
In response to Councilmember Perez, Mr. Aguilera
indicated that one or two properties a year were
discovered to have garage conversions that occurred
prior to City incorporation.
CONSENSUS: By consensus, the Council determined to include
language that use of the garage conversion must have been
continuous since the conversion.
CONSENSUS: By consensus, the Council determined to delete
the provision which would require a cloud to be recorded on
the title by the owner of the property with the existing
garage conversion and to put the owner on notice that he
must comply with the regulations in this ordinance to
reconvert the garage conversion to a garage when the
property is sold.
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Moorpark, California Page 6 March 1, 1995
Councilmember Wozniak expressed his concern that the
ordinance needed a more complete language revision than
was possible this evening.
Councilmember Perez expressed his concern with the
ordinance as written and concurred that more revision
is necessary.
MOTION: Councilmember Montgomery moved and Mayor Lawrason
seconded a motion to continue this matter to April 5, 1995
and to refer the matter to an Ad Hoc Committee consisting of
Councilmembers Perez and Wozniak to effect a complete
revision of the ordinance; the public hearing to be
reopened. The motion carried by voice vote 4 -0;
Councilmember Hunter absent for the vote.
Mayor Lawrason reopened the public hearing.
B. Consider Appropriation of the 1995/96 Communit
Development Block Grant (CDBG) Fund Estimated to be
$271,832.. Staff Recommendation: Open public hearing,
receive public testimony and defer to the Budget and
Finance Committee for a final recommendation to the
City Council on March 15.
Councilmember Perez indicated he would step down from
the dais as there was a possible conflict of interest
because of his membership on the E1 Concilio de Condado
Board of Directors.
CONSENSUS: By consensus, the Council determined to consider
Items 9.B. and 9.C. simultaneously.
C. Consider Reappropriation of the 1994/95 Communit
Development Block Grant Fund for First Street
Improvements Estimated to be $25,300. Staff
Recommendation: Open public hearing, receive public
testimony and consider the reappropriation of these
funds with the appropriation of 1995/96 and defer to
the Budget and Finance Committee for a final
recommendation to the City Council on March 15.
Mr. Reynolds gave the staff report. He said one
proposal was received by the City after the deadline
requesting assistance for the homeless. The request is
for $1,600.00
Mayor Lawrason opened the public hearing.
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Moorpark, California Page 7 March 1, 1995
The City Clerk indicated that both Items 9.B. and 9.C.
were properly noticed public hearings and the
affidavits of publication are on file in her office for
both items.
Ron Komers, 800 S. Victoria, Ventura, addressed the
Council as Personnel Director for the County of
Ventura. He requested CDBG appropriations totalling
$8,000 for the Entrepreneur Academy.
Don Gatewood, 4568 Saviers Road, Oxnard, addressed the
Council and requested an appropriation of $12,500 for
the Association for Retarded Citizens. He indicated
they serve approximately eight people from the City of
Moorpark.
Pamela Grothe, 702 County Square Drive, Ventura,
addressed the Council requesting funds in the amount of
$22,000 for the Alcohol and Drug program. She said the
$22,000 being requested is for handicapped
accessibility retrofit. In response to Council
question, she indicated some other agencies were being
asked to provide the following contributions: County
of Ventura $478,000; Fillmore $10,000; Ojai $21,000;
Ventura $23,000; Simi Valley $20,300.
Cathy Thurman, 625 North A Street, Oxnard, requested
$6,000 to continue Moorpark Project Pride, which is an
El Concilio de Condado program. In response to
Councilmember Montgomery, she said the total requested
from the City is $26,000 which includes a $20,000
budget request and $6,000 CDBG request.
Gail Reddington, 7176 University Drive, addressed the
Council requesting funds for the Ventura County
Literacy Program.
Roy Ballard, 1632 La Jolla Drive, Thousand Oaks,
addressed the Council requesting funds for the Long
Term Care Ombudsman Program.
Mayor Lawrason closed the public hearing for Items 9.B.
and 9.C.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to defer this item to the Budget
and Finance Committee for a final recommendation to the City
Council on March 15, 1995. The motion carried by voice vote
3 -0, Councilmembers Hunter and Perez absent for the vote.
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Moorpark, California Page 8 March 1, 1995
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to consider the reappropriation of
these funds with the appropriation of 1995/96 CDBG funds and
to defer this item to the Budget and Finance Committee for a
final recommendation to the City Council on March 15, 1995.
The motion carried by voice vote 3 -0, Councilmembers Hunter
and Perez absent for the vote.
Councilmember Perez returned to the dais.
AT THIS POINT in the meeting, Mayor Lawrason declared a
recess. The time was 9:15 p.m. The Council reconvened at
9:37 p.m.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mayor Lawrason announced the Craft Fair to be held on March
11.
Councilmember Perez reminded the public that there would be
a Citizenship Workshop at Moorpark College on Saturday,
March 4.
Councilmember Perez wished his wife a Happy Anniversary;
twenty -six years today.
11. ACTION /DISCUSSION:
J. Consider City Council Minute Action of October 5, 1988
Pertaining to Second Driveways for Residential Areas.
Staff Recommendation: Direct staff as deemed
appropriate.
The staff report was deferred.
Councilmember Wozniak recommended that the policy issue
be referred to the Streets and Transportation Committee
to formulate a recommendation to the full Council and
that Mr. Bravo's zoning clearance be approved.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to refer the development of a
policy to the Streets and Transportation Committee and to
approve a zoning clearance for Mr. Bravo. The motion
carried by voice vote 4 -0, Councilmember Hunter absent for
the vote.
A. Consider Use of City Marquee Signs by City Based
Community Organizations. Staff Recommendation: Direct
staff as deemed appropriate. (Continued item)
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Moorpark, California Page 9 March 1, 1995
Mr. Kueny commented that this item was on the agenda at
the request of Councilmember Hunter to explore the
possibility of allowing the City's three marquee signs
to be used by nonprofit groups. He noted that if the
marquee signs were used in this way, the City would not
be able to control the message placed on the marquee
signs. He suggested that if the Council was interested
in allowing nonprofit groups this privilege, the
Council might want to consider an amendment to the
zoning code to allow a one time a year use if their own
signs were placed on private property. He suggested
the Council might want to refer this to committee or
direct staff to bring back a resolution for
consideration to direct staff to amend the zoning code.
Councilmember Montgomery indicated that he believed
this item should be tabled. He said it is a nice idea
and a good thought, but not appropriate at this time.
Councilmember Perez indicated his concurrence with
tabling the item.
Mayor Lawrason indicated his concern with the inability
to regulate the message on the marquee sign if this was
allowed.
CONSENSUS: By consensus, the Council determined to table
this item.
B. Consider Status Report on 1994/95 Goals and Obiectives.
Staff Recommendation: Receive verbal status report.
(Continued item)
CONSENSUS: By consensus, the Council determined to reorder
this item to the end of the action /discussion items.
C. Consider Appropriation of Funds for Chamber of Commerce
Business Directory. Staff Recommendation: Approve an
appropriation for the Chamber of Commerce Business
Directory in the amount of $5,000 from the General Fund
undesignated reserve to account no. 01.4.117.631.
Mr. Hayes gave the staff report.
In response to Council question, Mr. Kueny indicated
that the projected cost of the publication was
approximately $24,000.
Debbie Rodgers Teasley, representing the Moorpark
Chamber of Commerce, addressed the Council. She
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Moorpark, California Page 10 March 1, 1995
thanked Councilmembers Perez and Hunter and the City
Manager for their recent meetings and support in this
matter. She indicated the directory will be delivered
to every home in the City and that it is published by
the Chamber and will be printed and produced within the
City of Moorpark.
In response to Councilmember Montgomery, Ms. Teasley
said the Chamber's original request had been $9,000.
Ms. Teasley also mentioned her support for Item 11.H.
on this evening's agenda.
Councilmember Perez indicated that the $5,000
recommendation of the Economic Development /Affordable
Housing Committee rather than the $9,000 initially
requested by the Chamber is a result of budget
considerations.
Mayor Lawrason indicated that there is a payoff to the
community in the support of this directory.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff and Economic
Development /Affordable Housing Committee recommendation that
the City Council approve an appropriation for the Chamber of
Commerce's Business Directory in the amount of $5,000 from
the General Fund undesignated reserve to account no.
01.4.117.631. The motion carried by roll call vote 4 -0,
Councilmember Hunter absent for the vote.
E. Consider_ Report Pertainincr-to the Zones of Benefit
within Assessment District 84 -2. Staff Recommendation:
The City Council not transfer any of the zone
assessments to the Citywide Landscape Maintenance
Assessment.
Mr. Gilbert gave the staff report.
Chris Frangos, 13145 Thomasville Court, addressed the
Council regarding Assessment District 84 -2. He said
the rationale of the City as outlined is that
landscaped communities are only an amenity for the
development. He said in his development some slopes
are not common property, but the homeowners actually
own the property. He said taxes are being collected to
maintain private property that the City has an easement
on. He stated his belief that alternative C -3 in the.
staff report should be considered and that proposal C -4
is a compromise position. Mr. Frangos read a letter
from Dan Wallman, who lives on Laurelhurst in Moorpark,
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Moorpark, California Page 11 March 1, 1995
who requested the Council to reduce the zones of
benefit maintenance costs as outlined in C -3 of the
staff report.
Eloise Brown, 13193 Annette Street, said she was in
agreement with the staff recommendation.
Bill Poleri, 6863 Trojan Court, said he believes the
City should make an equitable assessment.
Councilmember Perez indicated his agreement with the
staff recommendation. He commended staff on their
report.
Councilmember Montgomery said he believes taxes should
be sufficient to include this type of service. He said
he usually votes against the assessment district
because there are 2500 homes that do not have street
lights yet they pay for a street light assessment and
those are two reasons he is not supportive of the
assessment district. He said relative to the zones of
benefit, however, he is in agreement with the staff
recommendation.
Mayor Lawrason indicated that he was not in favor of
making any changes at this time.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to determine not to transfer any of the
zone assessments to the citywide landscape maintenance
assessment. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
D. Consider Conceptual Street Reconstruction Protects.
Staff Recommendation: Review the preliminary plans and
design criteria, comment and revise as desired
(including the addition or deletion of portions of
work), and direct staff to proceed with the final
design.
Mr. Gilbert gave the staff report.
Councilmember Wozniak indicated he would like
consideration of some accommodation for Bard Street and
High Street in front of The Gas Station clothing store.
Councilmember Montgomery suggested allowing the
Transportation and Streets Committee to look at a
rolled curb at this location prior to the final plans.
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Moorpark, California Page 12 March 1, 1995
CONSENSUS: By consensus, the Council determined to direct
staff to proceed with the final design after the
Transportation and Streets Committee reviews a possible
rolled curb at Bard and High Street in front of The Gas
Station clothing store.
F. Consider FY 1995/96 National Pollutant Discharge
Elimination System (NPDES) Assessment. Staff and the
Budget and Finance Committee Recommendation: 1) Set
April 5, 1995, as the date of a public hearing to
formally consider the levy of an NPDES assessment for
FY 1995/96; 2) Determine the preliminary amount of
the City NPDES assessment for FY 1995/96, to be set
forth in the public hearing notice for said hearing.
Mr. Gilbert gave the staff report.
Mayor Lawrason indicated his outrage that the City must
spend $265,000 because of this unfunded mandate.
Councilmember Wozniak said he wanted to publish in the
Public Hearing Notice that this is an unfunded federal
mandate.
In response to Council question, Ms. Kane indicated
that she believed any information that the Council
wanted could be inserted into the public hearing notice
as long as the implementation plan agreement did not
disallow it.
Councilmember Montgomery stated his belief that it was
unconstitutional for the Federal government to place on
a local government an unfunded mandate.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to approve the staff recommendation
to set April 5, 1995 as the date of a public hearing to
formally consider the levy of an NPDES assessment for
Fiscal Year 1995/1996 and to determine the preliminary
amount of the City NPDES assessment for fiscal year 1995/96
to be $33.00. The motion carried by voice vote 3 -1,
Councilmember Wozniak dissenting and Councilmember Hunter
absent for the vote.
G. Consider Resolution No. 95 -1105 Establishing a Solid
Waste Collection Rate Increase to Multi- family Can
Service Rates in Zone III, and Amending Section 1 of
Resolution No. 94 -1091 for the Purpose of Updating the
Solid Waste Management Fees and Services. Staff
Recommendation: Approve Resolution No. 95 -1105
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Minutes of the City Council
Moorpark, California Page 13 March 1, 1995
establishing the monthly solid waste collection rate
increase to multi - family can service rates in Zone III
in the amount of $1.14 and amending Section 1 of
Resolution No. 94 -1091 for the purpose of updating the
Solid Waste Management Fees and Services.
Ms. Myers gave the staff report. She said the proposed
Zone III rate increase of $1.14 included $.20 recycling
and $.50 AB939 increases.
Councilmember Montgomery requested that a letter be
sent to each of the 250 homeowners to notify them of
the increased rate for the solid waste service.
Ms. Myers explained that G.I. Rubbish previously
invoiced the homeowners association rather than
directly bill each homeowner. The homeowners'
association has requested that G.I. Rubbish bill each
individual homeowner, G.I. Rubbish has requested that
the rates set by the City Council for the Varsity Park
Patiohomes (Zone III) be amended to reflect the single -
family monthly rate of $17.40 charged citywide.
MOTION: Mayor Lawrason moved and Councilmember Perez
seconded a motion to approve the monthly solid waste
collection rate increase to the multi- family can service
rates in Zone III in the amount of $1.14; to adopt
Resolution 95 -1105 amending Section 1 of Resolution No. 94-
1091 for the purpose of updating the solid waste management
fees and services. The motion carried by voice vote 4 -0,
Councilmember Hunter absent for the vote.
H. Consider City Policy for Buying Products from Local
Vendors. Staff Recommendation: Adopt the policy as
presented.
Mr. Reynolds gave a brief staff report.
MOTION: Councilmember Wozniak moved and Councilmember Perez
seconded a motion to adopt the local purchasing policy as
presented in the Administrative procedures attached to the
staff report dated February 17, 1995. The motion carried by
voice vote 4 -0, Councilmember Hunter absent for the vote.
I. Consider Expansion of Housing Rehabilitation Program to
Homes Outside the Project Area and the Appropriate
Funding. Staff Recommendation: Direct staff as deemed
appropriate.
Mr. Hayes gave the staff report.
Minutes of the City Council
Moorpark, California Page 14 March 1, 1995
Mayor Lawrason expressed his concern regarding going
out of the Project Area for rehabilitation projects.
Councilmember Montgomery said the purpose of
establishing the project area was to help those people
and facilities within it. He said perhaps another
Redevelopment Project Area needed to be established.
He said he was opposed to using the Villa Campesina
repayments for anything but to help others build homes.
He said this was a renewable program wherein the funds
were repaid to the City so additional new homes could.
be built.
Councilmember Perez indicated his concern that the city
needed to designate some funds for rehabilitation of
homes in areas outside the Redevelopment Agency project
area.
MOTION Councilmember Montgomery moved and Councilmember
Perez seconded a motion to defer this matter until March 15,
1995 when 1995/96 CDBG funds would be allocated. The motion
carried by voice vote 4 -0, Councilmember Hunter absent for
the vote.
CONSENSUS:_ By consensus, the Council determined to continue
the Goals and Objectives to the meeting of March 15.
12. ORDINANCES:
A. Consider Second Reading and Ado-ption of Ordinance 1
Revisions to Ordinance • S• (Zonina Ordinance)
Regarding Development Standards for Downtown and
Theater Parking.
Ms. Kane read the ordinance title.
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to waive further reading and
declare Ordinance No. 205 read for the second time. The
motion carried by voice vote 4 -0, Councilmember Hunter
absent for the vote.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adopt Ordinance No. 205 as read.
The motion carried by voice vote 4 -0, Councilmember Hunter
absent for the vote.
Minutes of the City Council
Moorpark, California Page 15
13. CLOSED SESSION:
March 1, 1995
MOTION: Councilmember Perez moved and Councilmember Wozniak
seconded a motion to adjourn to Closed Session for Items
13.A., 13.B., and 13.D. as listed on the agenda.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to
subdivision (b) to Section 54956.9 of the Government
Code: (Number of cases to be discussed - two)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of
cases to be discussed - two)
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(pursuant to Subdivision (a) Government Code Section
54956.9) Name of Case: D. W. Burhoe Construction,
Inc. vs. City of Moorpark
The motion carried by voice vote 3 -1, Councilmember
Montgomery dissenting and Councilmember Hunter absent for
the vote.
AT THIS POINT in the meeting, a recess was declared. The
time was 11:15 p.m.
The Council reconvened into Closed Session at 11:15
p.m.
Present in Closed Session were all Councilmembers, but
Councilmembers Hunter and Perez; Steven Kueny, City
Manager; Richard Hare, Deputy City Manager; and Cheryl
Kane, City Attorney.
The Council reconvened into Open Session at 11:16 p.m.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to reject the Southworth claim
and so notify the claimant. The motion carried by voice
vote 3 -0, Councilmembers Hunter and Perez absent for the
vote.
MOTION: Councilmember Wozniak moved and Councilmember
Montgomery seconded a motion to reject the Lady claim and so
notify the claimant. The motion carried by voice vote 3 -0,
Councilmembers Hunter and Perez absent for the vote.
The Council adjourned to Closed Session at 11:17 p.m.
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Moorpark, California Page 16 March 1, 1995
Present in Closed Session were all Councilmembers, but
Councilmember Hunter; Steven Kueny, City Manager;
Richard Hare Deputy City Manager; and Cheryl Kane, City
Attorney.
The Council reconvened into Open Session at 11:19 p.m.
Mr. Kueny stated there was no action to report out of
Closed Session and only Items 13.A., 13.B. and 13.D.
were discussed.
14. ADJOURNMENT:
Mayor Lawrason adjourned the meeting at 11:19 p.m.
Paul W. Lawi' on Jr . , r
ATTEST: